ECKER v. WESTERN PACIFIC R. CORP.

No. 7.

318 U.S. 448 (1943)

ECKER ET AL., CONSTITUTING INSTITUTIONAL BONDHOLDERS COMMITTEE, v. WESTERN PACIFIC RAILROAD CORP. ET AL.

Supreme Court of United States.

Decided March 15, 1943.


Attorney(s) appearing for the Case

Mr. Robert T. Swaine, with whom Messrs. Herbert W. Clark and Benjamin R. Shute were on the briefs, for the Institutional Bondholders Committee, petitioner in No. 7 and respondent in Nos. 8, 20, 33, and 61. Mr. Russell L. Snodgrass, with whom Solicitor General Fahy and Mr. Emmet McCaffery were on the brief, for petitioner in No. 33. Mr. Orville W. Wood, with whom Mr. Arthur A. Gammell was on the briefs, for Crocker First National Bank et al., Trustees of First Mortgage, petitioners in No. 8 and respondents in Nos. 7, 20, 33, and 61. Mr. Frank C. Nicodemus, Jr., filed a brief on behalf of the Western Pacific R. Co., petitioner in No. 20 and respondent in Nos. 7, 8, 33, and 61. Mr. H.C. McCollom, with whom Mr. Orrin G. Judd was on the briefs, for the Irving Trust Co., Trustee of General Refunding Mortgage, petitioner in No. 61 and respondent in Nos. 7, 8, 20, and 33.

Mr. M.C. Sloss for the Western Pacific Railroad Corporation; Mr. Robert E. Coulson, with whom Mr. Horace E. Whiteside was on the brief, for A.C. James Co.; and Mr. Edward G. Buckland, with whom Mr. William J. Kane was on the brief, for the Railroad Credit Corporation, — respondents.

Solicitor General Fahy and Messrs. Daniel W. Knowlton and Daniel H. Kunkel filed a brief on behalf of the Interstate Commerce Commission as amicus curiae, urging reversal.


MR. JUSTICE REED delivered the opinion of the Court.

Petitioners seek review of a decree of the Circuit Court of Appeals in the reorganization of the Western Pacific Railroad Company under § 77 of the Bankruptcy Act. That decree reversed the order of the District Court which had approved the plan for reorganization certified to it by the Interstate Commerce Commission.1

The petitions for certiorari ask adjudication of questions...

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